THE LEGAL CAPACITY OF THE NIGERIAN FOOTBALL FEDERATION TO WITHHOLD INTERNATIONAL TRANSFER CERTIFICATES

THE LEGAL CAPACITY OF FOOTBALL FEDERATION'S TO WITHHOLD INTERNATIONAL TRANSFER CERTIFICATES (by Olubor Uyi)
Some couple of days ago, the President of the Nigerian Football Federation (NFF), while admonishing home-based players called up to battle the Mexican 'A' team. In his address, he stated that players who have been called up would not be allowed to relocate to mushroom leagues. And that the Football Federation would go the extra length in ensuring that it does not issue International Transfer Certificates to release players to play in these leagues. Now, the question is to what extent can a Football Federation dictate the career path of a footballer? In addition, can a Federation subject the release of an International Transfer Certificate (ITC) to its whims and caprices?
In answering the first question, whether a Football Federation can dictate a career path to a footballer? The answer is no. As a football Federation does not stand as an employer to players flying the colours of their national teams nor is there any valid contract between a National team player and his Federation. Thus, it would be impossible for Football Federations to legally control the football careers of National team players. The duties of players to their National teams are highlighted under FIFA regulations on the status and transfer of players. A football Federation would therefore overreach itself if it seeks to extend these rights and obligations beyond what is provided for, by the rules.
 As to whether a Football Federation can unanimously provide for guidelines outside those prescribed by FIFA for the production of ITC. The FIFA Regulations on the Transfer and Status of Players explicitly states the requirements for a valid international contract such as attaining the rightful age, indemnification for breach of contract, compensation. A Football Federation cannot bring guidelines outside the FIFA regulations to govern the release of ITC, this is explicitly provided for under the FIFA Regulations on Transfer and Status of Players; which states as follows; .... "The ITC shall be issued free of 
Charge without any conditions or time limit. Any provisions to the contrary 
shall be null and void". Thus, any new conditions which are not explicitly provided for will be null and void. In such a situation, issues relating to pedigree of a Football Club are not issues anticipated by the FIFA Regulations. Thus, any attempt to smuggle it would be adjudged a nullity and the appropriate organ of FIFA would be competent to rectify such an anomaly.
Under the FIFA Regulation, even when an application for ITC is not responded to 30 days after application, a player may be registered on a provisional basis by the applicant association and would be made permanent a year after. Thus, even if the Federation refuses to respond to an application for ITC, this procedure highlighted above may be followed to validate the international transfer of a player. However, this might not be functional for transfers that are close to the deadline. As even the conduct of the Federation may hamper the confidence of a prospective employer to sign their target player.
However, article 22 of the FIFA Regulations on Transfer and Status of players recognizes the right of players to approach the Civil Courts to seek redress in matters relating to employment disputes. It is my candid opinion that if para venture players are caught up by this proposed restriction of players moving to lowly rated teams. They would be within their rights to approach the National Industrial Court in Abuja for an order of mandamus to compel the NFF to produce an ITC. As their regulation to not release ITC's on grounds of pedigree of a suitor club is ultra vires and inherently null and void. 
In conclusion, one may comprehend the rationale for ensuring that priced domestic football talents only relocate to top leagues. This however, can only be achieved through a proper restructuring of the domestic league, which would make it more attractive for players to remain than relocating to mushroom leagues. Any attempt to import extraneous rules to govern the regime of issuance of ITC would be ultra vires and the Football Federation may expose itself to paying compensations for damages arising from loss of international employment benefits. Whatever the case may be, I am sure the legal department of the NFF would have looked at the legality of the proposed action and would have by now advised its executive organ accordingly.

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